Under Florida law, it is a criminal offense if an individual writes a check to a merchant and later stops payment on the check intending to defraud them. This is different from the criminal offense of obtaining goods or services with a check that is worthless.
The most common defense to this offense is that the individual canceled the payment of the check for valid reasons and had no intention of defrauding the merchant at the time the check was written.
There are also other crimes in Florida that are defined as “fraud.” For example, according to Florida criminal definitions, an act of fraud is the attempt to steal or stealing the property or services of another person through the use of deceit or false information.
When it comes to the laws on jail time for check fraud, it involves theft accomplished through the use of checks. For example, an individual might offer a check they have stolen from someone else to pay for goods or services they have received. If the check is accepted by the recipient, the fraud has been completed.
It is a criminal offense in Florida to do any of the following:
- Alter
- Make
- Complete,
- Execute, or
- Authenticate any writing in such a way that it is presented as the act of a person who did not, in fact, authorize it.
So perpetrating any of these acts with checks can constitute criminal fraud. An individual commits a fraud offense if they receive a stolen check with intent to use it, to sell it, or to transfer it to a person other than the person from whom the check was stolen.
Check fraud is a type of theft crime. There are two types of theft in Florida. Petit theft is theft of less than $750. Grand theft is theft of $750 and more. Petit theft is punishable by incarceration for a maximum of 1 year in jail, while grande theft is punishable by incarceration for from 5 to 30 years in prison. The exact sentence would depend on the value of the property that was stolen.
Both petit and grand theft are classified as first or second degree. A perpetrator commits second-degree petit theft if they steal property with a value of less than $100. This is punishable by incarceration for a maximum of 60 days in jail and payment of a $500 fine.
First-degree petit theft involves the theft of property with a value of between $100 and $749. It is punishable by incarceration in jail for a maximum of 1 year and payment of a fine of $1,000. A second offense for petit theft becomes a felony regardless of the value of the property stolen.
Of course, grand theft is more severe and categorized into three degrees, with penalties increasing as the property value rises:
Third degree grand theft is theft of property with a value of $750 to $19,.999. The punishment is a maximum of 15 years in prison and payment of a maximum fine of $10,000.
Second degree grand theft is theft of property with a value of $20,000 to $99,999. The punishment is a maximum of 5 years in prison and payment of a maximum fine of $5,00
First degree grand theft is theft of property with a value of $100,000 to or more. The punishment is a maximum of 30 years in prison and payment of a maximum fine of $10,000.
Law enforcement actively works to identify perpetrators of check fraud. For example, an individual who tries to pay with or get cash for a check belonging to someone else can be asked to show identification. If they cannot produce the proper identification, the police can be called to make an arrest. Also, people who lose their checkbooks may report the loss so that their bank will be on the lookout for any checks that are written from the missing book.
The perpetrators of fraud are often caught with the help of banks. Banks have a vested interest in protecting their funds and the funds of their customers, and they do not hesitate to contact law enforcement about a check fraud.
What Are the Different Types of Check Fraud?
When it comes to check fraud, there are a variety of ways in which this crime can be committed. A couple of types of check fraud are noted above.
In addition, an individual can be charged with check fraud if they do the following:
- Steal an unsigned check for the purpose of using it, even if it is never actually used
- Present false identifying information in order to appear as if they are the owner of a check when they are not.
For example, a bank customer may not have enough money to buy groceries for the week. They may write a check to “pay” for their purchases at a grocery store. They know that it will take a minimum of 2 days for the check to be presented at their bank for payment.
They know they do not have the money in their account to cover the check at the time they write and present it as payment, but figure they will be able to deposit the amount by the time the check reaches the bank. This is a form of check fraud.
Check washing is another form of check fraud that has become increasingly common in recent years. A perpetrator can “wash” a check that has been stolen from the owner of a bank account who wrote it. The checks are often stolen from envelopes deposited in mail boxes that are on the street.
Checks can be “washed” of all the information that was written by hand with ink on the check, e.g., the payee and the amount to be paid. This “washing” is done by immersing the check in the right chemical bath, e.g., one that consists of nail polish remover.
Some criminals simply wash the check and then sell it on the darknet to other criminals who know how to make use of it to clean out the account on which the check is written. One way to avoid check washing is to write checks only with pens that have permanent ink. Another strategy is to put envelopes containing checks in the mail only in a post office and not into mailboxes on the street.
Another similar fraud is check counterfeiting where bad guys steal a bank account number and print fake checks using the number. They then have an unlimited number of checks that they can cash for themselves.
Another crime that may involve writing checks is forgery. Florida forgery laws define forgery as possessing, using, making, or altering a false document with the intent to commit fraud. In the case of checks, a forgery may involve creating false checks, or it may involve changing an authentic check, e.g., as with “washing” noted above.
Or a perpetrator may simply falsify the signature of the owner of a bank account on a legitimate check drawn on the owner’s account.
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What Is the Penalty for Stealing and Forging a Check?
An individual who is accused of check fraud may face conviction of several different criminal offenses. For instance, a person who is caught using a check that belongs to another individual could face a conviction of check forgery. The punishment for this is as follows:
In Florida, forgery is a 3rd degree felony punishable as follows:
- Incarceration for a maximum of 5 years in prison
- Probation for a maximum of 5 years
- Payment of a fine of up to $5,000.
If an individual is convicted of check fraud for making use of the stolen identification documents of another individual, they could face additional charges of identity theft. Identity theft is a very serious offense that can be charged as a federal crime. The punishment could be incarceration for years in prison with mandatory restitution to anyone who suffered a loss because of the crime.
The exact punishment to which an individual is sentenced in any given case is going to depend on the exact crime with which they are charged and the punishment that the law prescribes for it. Then, their particular circumstances, e.g., whether they have a criminal record, is a factor that judges take into consideration. A consultation with a Florida lawyer would help an individual understand what the possible punishment would be in their particular case.
What Are the Legal Defenses for Check Fraud?
The main defense that a defendant might claim to a charge of check fraud would be that they have been misidentified as the perpetrator. Surveillance cameras and other video technology might have been used to identify an individual as the perpetrator. The individual might challenge the identification of them as the perpetrator.
What Can I Do if I Think I Have Been the Victim of Check Fraud?
An individual who believes that they have been the victim of check fraud wants to report the incident to law enforcement. They would also want to report the incident to the bank where the account from which funds were stolen by fraudulent means is located.
An individual who has been the victim of check fraud or identity theft might want to get legal advice regarding how to respond.
Do I Need a Lawyer for an Issue Involving Check Fraud?
If you have been the victim of check fraud, you want to talk to a Florida fraud lawyer. LegalMatch.com can connect you to a lawyer who can guide you in your response, including your reports to law enforcement and your dealings with your bank and any other entities that were involved.
If you have been charged with a check fraud offense, you too want to talk to a Florida fraud lawyer. Your lawyer can negotiate with the prosecution on your behalf and identify your defenses. Better results are likely if you consult an experienced Texas lawyer.
